Waco Domestic Violence Attorney
In the context of family law and criminal defense, Dunnam & Dunnam lawyers understand domestic violence. Call our Waco domestic violence attorneys at 254-753-6437 to discuss your situation.
Texas recognizes three different crimes of domestic violence: domestic assault, aggravated domestic assault and continuous violence against the family. An act of violence constitutes domestic violence if it is committed against a family member, a household member or someone the offender is currently dating or dated in the past, including:
• a current or former spouse
• a child of a current or former spouse
• a person with whom the offender has a child or children
• a foster child or foster parent of the offender
• a family member of the offender by blood, marriage, or adoption
• someone with whom the offender lives, and
• a person with whom the offender has or had an ongoing dating or romantic relationship.
A person is guilty of domestic assault in Texas if he commits an assault against a family member, household member, or a current or past dating partner. An assault consists of:
• intentionally, knowingly or recklessly causing bodily injury to another person
• intentionally or knowingly threatening another person with imminent bodily injury; or
• intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive. (Tex. Penal Code Ann. §22.01.)
Domestic assault is a Class A misdemeanor if the defendant has no prior domestic assault convictions. The crime is a third degree felony if the defendant has any prior domestic assault conviction.
Aggravated Domestic Assault
A person is guilty of aggravated domestic assault if he commits an aggravated assault against a spouse, family member, or romantic partner as listed above.
A person commits aggravated assault in Texas if he:
• intentionally, knowingly or recklessly causes serious bodily injury to another person, or
• uses or exhibits a deadly weapon in the course of committing any assault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive. (Tex. Penal Code Ann. §22.02.)
If the defendant commits an aggravated domestic assault with a deadly weapon and causes serious bodily injury to the victim, the crime is a first degree felony. Any other aggravated domestic assault is a second degree felony.
Continuous Violence Against the Family
In addition to assault crimes, a person in Texas can be convicted of the crime of continuous violence against the family if he commits two domestic assaults in twelve months. A defendant can be convicted of this crime without either assault having resulted in an arrest or conviction, and the two assaults need not have been committed against the same victim. This crime is a third degree felony.
Waco domestic violence lawyers include:
- Vance Dunnam
- Jim Dunnam
- Thomas C. West
- Merrilee Harmon
- Christie Ryan
- Andrea Michelle Mehta
- Eleeza Johnson
Call our Central Texas domestic violence lawyers at 254-753-6437.